Economic compensation measures violate and terminate the labor contract.
Ministry of Labor [Promulgated]
[Date decree legislation 1994 1203]
Implementation date: 19950 10 1
[Chapter Name]
In order to standardize the compensation standards for workers who violate economic contracts and terminate labor contracts, these measures are formulated in accordance with the provisions of the Labor Law of People's Republic of China (PRC).
The economic compensation of the laborer shall be paid by the employer in one lump sum.
Third, if the employer deducts or delays the wages of the workers without any reason, or refuses to pay the wages of the workers and extends the working hours, in addition to paying the wages of the workers in full within the specified time. You also need to add economic compensation equivalent to% of your salary.
Article 4 If the wage paid by the employer to the laborer is lower than the local minimum wage standard, it shall make up for the lower part, and the other proportion is equivalent to the economic compensation for the lower part.
Article 2 If the parties to a labor contract reach an agreement through consultation, the employer shall terminate the labor contract, and the employer shall pay the economic compensation equivalent to one month's salary for every full year, with a maximum of twelve months. If the working time is less than one year, the economic compensation will be paid through the standard of one year.
Article 11 if the employer terminates the labor contract due to illness or non-work-related injury, and it is confirmed by the labor appraisal committee that the employer can not engage in the original job, the employer is still working? The living unit shall be given an economic compensation equivalent to one month's salary every year, and shall also be given a medical subsidy of not less than six months' salary. For seriously ill and terminally ill patients, medical expenses should be increased. The increase of medical expenses for serious diseases is not less than 50%, and the increase of medical expenses for terminally ill diseases is not less than 100%.
Article 20 If the employee is still incompetent for the job after training or adjustment, and the employer should have worked in this unit for many years, if the employer terminates the labor contract, the economic compensation is equivalent to one month's salary not exceeding 12 months.
Article 18 The objective circumstances on which a labor contract was concluded have changed greatly, so that the original labor contract cannot be performed and no agreement can be reached on the labor contract through consultation between the parties. If the employer terminates the labor contract, the working time of the laborer who has worked in the employer for many years is equivalent to one month's salary every year.
If the employer is on the verge of bankruptcy and has to lay off employees during the period of legal rectification or because of serious difficulties in production and operation, the employer who has worked for many years will pay economic compensation to the laid-off employees of the unit. Working hours of each unit and economic compensation equivalent to one month's salary.
Article 3 If the employing unit terminates the labor contract without giving economic compensation to the laborer, it shall pay an additional economic compensation of 50% of the amount of economic compensation in addition to the full amount. Economic compensation wages specified in Article 1 1
Under standard circumstances, it is the average monthly salary of normal production workers in the twelve months before the termination of the contract.
If the employing unit terminates the labor contract according to Article 6, Article 8 and Article 9, and the average monthly salary of employees is lower than that of the enterprise, it shall pay the average monthly salary of the enterprise. Article 12
Deduction from the operating cost shall not occupy the welfare funds extracted according to the proportion stipulated by the enterprise's economic compensation.
Article 13 shall be implemented from 1995 1.